Louisiana Injury Lawyers Blog

September 21, 2018

Finding a Driver 100% at Fault in SUV-Versus-Child Accident

Photo Credit: GUNDAM_Ai / Shutterstock.com

Many types of sports today have an option for a competitor to challenge a ruling made on the field, and to have that ruling analyzed again. Appeals of court rulings are not exactly like that. In the law, a lot of rulings by trial courts are entitled to a certain degree of deference, meaning that many appeals can only be successful (and the underlying ruling overturned) if that lower ruling was clearly unreasonable. What this means for you is that it is of paramount importance to be sure you are putting on your strongest possible presentation and arguments when you appear in the trial court, because it is a lot easier to argue for affirming your successful result than to argue to an appeals court for the reversal of an unsuccessful result in the trial court. To be sure you are making that strongest possible case, be sure you have representation from a skilled Louisiana injury attorney.

September 10, 2018

Court Decides Supermarket Shopper Had Enough Evidence to Proceed with Her Slip-and-Fall Case

by Cardone Law Firm

Photo Credit: Paul Biryukov / Shutterstock.com

Slip-and-fall and trip-and-fall accidents in Louisiana are, in some ways, somewhat similar to those types of cases in other states. In order to obtain compensation for your injuries, you need proof that the person or entity you’ve sued either caused the problem, knew about the problem (and did not act), or reasonably should have known about the problem (and did not act). Getting the evidence you need to succeed in your case is vitally important because a slip-and-fall or trip-and-fall injury can be serious and can have life-altering effects on you. To make sure that you are amassing the proof you need, be sure you have retained the services of a knowledgeable New Orleans premises liability attorney.

One nearby slip-and-fall case that demonstrates what it takes, in terms of proof, was the lawsuit filed by D.F. D.F. was a shopper in a supermarket in Mandeville when she slipped in Aisle 12 on a clear liquid substance, suffering injuries as a result. When you go to a store, you probably presume that the store you’ve entered is safe for shoppers in all relevant areas. Unfortunately, that isn’t always the case.

September 5, 2018

Drivers Distracted Take a Terrible Toll on Louisiana’s Roads

by Cardone Law Firm

Photo Credit: Brian A Jackson / Shutterstock.com

The problem of distracted driving is a massive one that, each year, takes a major toll on people traveling the country’s roads and highways. Although the number of people killed in distracted-driving deaths dropped from 2015 to 2016, the National Highway Traffic Safety Administration recorded more than 3,400 such deaths in 2016. A major cause for distracted-driving wrecks is cell phone usage. If you have been hurt due a driver who was distracted by his/her cell phone, the law may allow you to recover substantial damages. Be sure you have an experienced New Orleans injury attorney on your side to help you get the compensation to which you are entitled.

Back in June, yet another fatal vehicle accident allegedly caused by distracted driving occurred in Louisiana. Police arrested a Terrebonne Parish man in connection with a fatal head-on accident on Highway 659 in Terrebonne, according to nola.com. At around 2:00 A.M., B.M. and R.N. were traveling in opposite directions on the highway when B.M.’s full-size pickup truck crossed the center line and slammed head-on into R.N.’s sedan. The accident caused minor injuries to B.M., moderate injuries to R.N.’s passenger and fatal injuries to R.N.

B.M. was arrested after law enforcement searched his cell phone. The search held “evidence of distraction,” according to the report. The report did not indicate if the proof showed B.M. to be texting while driving or using some other app or feature on the phone when the fatal crash took place.

August 22, 2018

How to Obtain Compensation for Your Elevator Accident in Louisiana

by Cardone Law Firm

Photo Credit: maxbelchenko / Shutterstock.com

While you may not necessarily realize it, any elevator accident has the potential to be massively harmful. A fall of just a few floors can be extremely dangerous and damaging, especially if your accident involves an elevator stopped by an impact with the ground. The sudden stop can exert a profound jolt on your body. This can cause serious damage to feet, ankles, legs, knees, hips and your back. These injuries can include both broken bones and soft tissue damage. Regardless of how far you fell, you should take timely action to protect your rights and your ability to recover compensation for the harm you suffered. Reach out to put an experienced New Orleans injury attorney on your side.

One recent elevator accident case originated in the state’s capital. G.T. worked for the state’s Department of Health and Hospitals at the Bienville Building in downtown Baton Rouge. One day in early 2011, G.T. left his eighth-floor office at the end of the work day and took the elevator down, as usual. The trip was far from typical, however. As the elevator reached the third floor, it fell suddenly, plummeting all the way to the ground floor. The powerful impact caused G.T. to suffer serious injuries to his spine, hip and both knees. The injury forced the worker to undergo a bilateral knee arthroscopy. He also eventually needed multiple lumbar fusion surgeries to address his spinal injuries.

If you are injured in an elevator accident, you may be entitled to compensation for the harm you suffered. The correct avenue for seeking that compensation may vary based upon the facts of your case. In G.T.’s situation, because the elevator accident that injured him occurred in the office building in which he worked, he was able to pursue, and obtain, compensation in the form of workers’ compensation benefits.

August 13, 2018

Uninsured Motorist Claims in Louisiana and the Top Rules You Need to Know

by Cardone Law Firm

UNINSURED & UNDER-INSURED (“UM” & “UIM”) MOTORIST COVERAGE IN LOUISIANA

One of the most beneficial types of auto insurance coverage to have in Louisiana is uninsured motorist coverage. You can call on this coverage in your auto insurance policy when you are not at fault for the accident and have sustained damages caused by another driver who has no insurance, or whose insurance limits are insufficient to cover your damages. You can also use your uninsured motorist coverage if you are the victim of a hit and run accident or if you are injured by a vehicle as a pedestrian. Uninsured motorist coverage and under-insured motorist coverage is the same thing in Louisiana, so if you have uninsured motorist coverage you also have under-insured motorist coverage. This type of coverage is abbreviated as “UM” or “UIM” insurance. Any claim made under this insurance is known as a nonfault claim.

August 9, 2018

Two Dead in Three-Car rear end collision in St. Tammany Parish

by Cardone Law Firm

Photo Credit: Volodymyr Baleha / Shutterstock.com

Since Louisiana law considers a left-hand turn at an intersection one of the most dangerous moves a driver can attempt to make, and since “an oncoming driver has a right to assume that the left-turning motorist will… yield to her right-of-way,” the law establishes a very strong presumption that an accident involving a left-turning driver is legally the fault of the left-turning driver. Even if you were the left-turning driver, however, you may be entitled to compensation for your injuries in some situations. The key is, if you’ve been hurt, to consult an experienced New Orleans car accident attorney and find out more about the options available to you.

A real-life example from St. Tammany Parish, reported by nola.com, illustrates just how dangerous left turns can be. The collision took place at the intersection of Louisiana Highways 22 and 1085 near Madisonville. According to the report, a 16-year-old who was driving south on 1085 made a left-hand turn onto 22. While the girl fully stopped at the stop sign, she failed to yield to oncoming traffic when she pulled out and made her turn onto Highway 22. A full-size pickup truck slammed into the girl’s car on the driver’s side. The impact caused the truck to spin into another lane of traffic and hit a third car.

Read more about rear-end collisions.

The driver of the third car and the driver of the truck were not hurt. The girl driving the turning car, along with her mother, who was riding alongside, died from their injuries. All involved were wearing seat belts, and none of the drivers was suspected of driving while impaired, according to the nola.com report.

July 30, 2018

What to Do When You Are Injured in a Multi-Vehicle Rear-End Accident in Louisiana

by Cardone Law Firm

Photo Credit: Photo Spirit / Shutterstock.com

Each type of auto accident case comes with its own unique set of challenges. Multi-car accidents that cause injury can be especially tricky when it comes to asserting your legal rights. It may take skillful investigation to assess which driver was at fault and, therefore, liable to you for the harm you suffered. An experienced New Orleans injury attorney can help you collect the information you need and then apply it to pursue compensation for your damages.

A recent accident case from Lafayette was an example of how these factual differences can influence who is liable for your injuries. The accident involved a three-car rear-end crash where G.M. was the driver of the lead vehicle. T.S. was operating the second vehicle and B.G. was the driver of the third.

How to React if You’ve Be Injured in a Collision with a Commercial Truck in Louisiana

by Cardone Law Firm

Photo Credit: Olivier Le Queinec / Shutterstock.com

When you or a loved one has been involved in an accident with a commercial truck, it is undoubtedly a stressful time. You should not, however, lose sight of the fact that you and your family may have certain rights and that you’ll may encounter a business entity on the other side seeking to get you to sign away those rights. Commercial trucking and insurance companies have skilled lawyers looking out for their interests. Make sure you have a knowledgeable New Orleans truck accident attorney on your side to help you protect your rights and get the compensation you and your family deserve.

Read more about Louisiana personal injury truck accidents.

Central Louisiana was the site of a recent crash that illustrated just how serious these collisions can be. KALB-TV reported that a large box truck driven by a 30-year-old man was headed westbound on Highway 28 when the driver crossed the center line. The box truck driver was attempting to pass another westbound vehicle on the two-lane road.

The box truck slammed head-on into an eastbound pickup truck. The damage was extensive. The pickup truck’s 86-year-old driver died at the scene. The crash also impacted two other cars, with one of those drivers suffering minor injuries, according to KALB.

July 19, 2018

Cardone Gets Driver’s License Back for Client Charged with DWI at Checkpoint on Tchoupitoulas Street in New Orleans, LA – DWI Checkpoint Unconstitutional

by Cardone Law Firm

On July 19, 2018, the court ordered our client’s driver’s license be reinstated because he was improperly arrested at a DWI checkpoint on Tchoupitoulas Street in New Orleans, Louisiana. DWI checkpoints on Tchoupitoulas Street are frequently conducted by the New Orleans Police Department, in part, because their station is nearby which makes transportation of the arrested fairly quick and easy.

Learn more about DWI rights-related cases.

July 13, 2018

How ‘Vicarious Liability’ Can Help You Get Compensated for Your Louisiana Auto Accident Damages

by Cardone Law Firm

There can be many different elements that go into achieving the legal outcome you need in your auto accident injury case. For some injured people, one of those elements is being allowed to pursue not only the other driver, but that driver’s employer. This option can be very important because many drivers may be individuals with limited assets and an auto insurance policy with a low policy limit. It is entirely possible that the harm you suffered exceeds the driver’s assets and the insurance policy’s limit. However, when your case also names an employer like a major national corporation, you have an improved chance of obtaining the full amount of damages that you proved. A knowledgeable New Orleans injury attorney can help you to provide the court with the proof and argument you need to establish this essential “vicarious liability.”

K.T. was a driver who found herself in this type of situation. She was driving in Lafayette when her vehicle was hit by another vehicle (the latter driven by V.B.). V.B. was headed home at the time of the accident, and she also received a citation for “failure to yield” as a result of the incident.